Legal Aid Alberta lawyers are on the job 24-7 to protect the rights of people detained or arrested by police.
Imagine this scenario: After a night out, someone accepts a ride home from an acquaintance. Along the way, police pull the car over – and it turns out the vehicle was stolen. Everyone in the car is taken into custody and potentially faces serious criminal charges.
Who do you call for help?
Legal Aid Alberta lawyers are on the job 24-7 to take calls from people detained or arrested by police. LAA staff lawyer Megan Ferguson appeared on Edmonton’s Global News Morning Ask A Lawyer segment to outline your rights when in police custody.
Watch the Ask A Lawyer segment here. Transcript appears below.
Transcript of segment:
Daintre Christensen: In our democracy we follow the rule of law, which means everyone has the same Charter rights and is treated equally under the law to make sure those rights are protected. At Legal Aid Alberta, lawyers are available 24/7, 365 days a year. And here to talk more about what a person’s rights are if they are being detained or arrested by police.is legal aid Alberta staff lawyer Megan Ferguson. Welcome Megan
Megan Ferguson: Thank you so much for having me.
Christensen: Happy to have you here and taking some time out – 365 days a year? You guys are busy and taking calls any time of day.
Ferguson: Yes. So our around-the-clock coverage is actually through a special phone line called the Brydges line and it’s named after a Supreme Court of Canada decision where the court decided that anyone in Canada has the right to call a free lawyer upon being arrested or detained by the police. So in the past year, we actually handled 14,000 calls from individuals in police custody. So if someone calls us at two, three even 4:00 a.m., we answer that call for help and provide them with advice.
Christensen: And with that too, with somebody that is getting in touch with you, what are their Charter rights when it comes to being detained or arrested by police?
Ferguson: So when people are arrested or detained by the police, the police do have to advise them first of all of the reason for their detention or arrest, but second of all that they do have this right to call a free lawyer or a lawyer of their choice. So if they choose to call a free lawyer, which would be us via the Brydges line, the police do have to give them that phone number to reach us or they have to give them a phone book to contact the lawyer of their choice.
Christensen: OK, and, with that too, making that first initial call, what would be your advice to somebody in the early stages of dealing with a situation like this?
Ferguson: So the most important thing is that people shouldn’t make statements to the police or answer their questions without having had a full and detailed conversation with their own lawyer first. In Canada, you do have the right to silence, so you’re not required to speak to the police and anything that you say to the police could actually be used against you in evidence at a later time. People we find do tend to have an inclination that they want to talk, they want to explain themselves, especially if they’ve done nothing wrong. But it’s really important to note that anything you say, even if you’ve done nothing wrong, could be used against you in evidence at a later point. And so you don’t want to say something that you regret or something that you can’t take back later. You can always make a statement at a later time if you and your lawyer decide that’s the right thing to do.
Christensen: So just to simply choosing to, to say nothing until you get some counsel.
Ferguson: Exactly.
Christensen: And with that too, is there a certain amount of time that somebody could be held in custody? Is there a time limit?
Ferguson: Yes. So the maximum amount of time that someone can be held in custody without seeing a justice of the peace, or a judge is actually 24 hours. So people are required to be brought in front of the judge within 24 hours to determine if they should be released.
Christensen: And they also have the right to know what they’re being charged with.
Ferguson: Yes, absolutely.
Christensen: And OK, so with all of this it’s just surprising to know that you’re there 24/7, 365 days a year. Why is it so vital to have this access to service at any time?
Ferguson: Well, on one hand we do have the Charter rights and the fact that everyone is equal under the law. So it is important to exercise your rights. On the other hand though, we can take a more personal approach and consider this could happen to anyone. Anyone could be arrested. Imagine, for example, that you or one of your kids is in a stolen motor vehicle. You’re a passenger in a motor vehicle. You don’t know it was stolen, and the police pull you over after a night out. They say you’re being arrested. They say you’re being detained. They say you’re being charged. And it’s three in the morning. What do you do at that point? How do you know what your rights are? Who do you call? And legal aid lawyers are available to answer that call 24/7, 365 days a year, and to provide that really vital support that people are looking for in those moments and to advise them of their rights so they can best protect themselves in that situation.
Christensen: OK. And then just one final quick question before we go. Do they carry that on through to the trial? Do you still have that same legal aid lawyer, or do they pass that onto a different legal company or office?
Ferguson: So this initial call to the Brydges line will be answered by a legal aid staff lawyer. If there’s any further follow up needed, we can advise people to give legal aid a call and help them apply for a lawyer or they’re welcome to call their own private defence counsel, but we do provide them with that initial emergency legal advice upon their arrest.
Christensen: Wonderful. Thank you so much, Megan, for joining us this morning and we hope that we have provided you with some good advice in case you need it. Legal Aid Alberta lawyers specialize in family law, child welfare, domestic violence, immigration, and youth and adult criminal defence, If you have any questions you can send it to [email protected].
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